Legal services for medical institutions

Advertising for medical centers

Medical services are governed not only by legislation regulating the medical sector but also by the Law on Consumer Protection and the Law on Advertising. These laws set clear requirements for healthcare institutions regarding the advertising of their services. We will conduct an analysis not only of the contract with the advertising agency but also help you avoid fines from the State Consumer Rights Protection Service for violating advertising requirements for healthcare facilities.

Dissatisfied patients and other minor troubles that might await the medical center 

Any business entity may encounter certain issues and difficulties in its operations. The troubles faced by medical centers have some peculiarities. Common issues that a medical institution may encounter in daily life include:

• A dissatisfied patient has come to you;
• Your employee forgot or did not know that personal data and medical information about a patient should not be disclosed;
• You are asked for a refund for services;
• You have received a decision on temporary access to items or a court summons.

These problems can either be addressed reactively, after they arise, or proactively, by preparing in advance to prevent them. To assist in this proactive approach, we will:

• Provide you with a strategy for resolving misunderstandings with your patients.
• Assist in protecting the personal (sensitive) data of patients.
• Educate your staff on how to handle unusual situations.
• Defend your interests in court.

Legal defense for medical organizations in court

Engaging in business activities, especially within the medical services sector, comes with inherent risks. It's not uncommon for a dissatisfied patient or contractor to refuse settling disputes out of court. Sometimes, a medical center might be unaware of an existing conflict until a court summons arrives. Our team is equipped to assist in preparing for legal battles of any complexity, specifically by:

• Collecting evidence;
• Analyzing current laws relevant to the conflict's origin;
• Developing a strategy and tactics for the case;
• Representing your interests in court.

We recommend our clients to seek out-of-court resolutions first, as court proceedings can extend from 2 to 7 years. Nonetheless, our clients are assured that properly prepared documentation, both operational and medical, accounts for 60% of the success.

Contract development for medical centers

Our service package for preparing agreements for medical centers includes:

• Drafting employment agreements (fixed-term, indefinite-term, flexible working hours, various salary payment schemes) and, as a bonus, NDAs for employees;
• Creating service agreements for medical services (both public and private agreements);
• Preparing or analyzing supply, subcontracting, and service agreements;
• Drafting and assisting with lease agreements for medical center premises, including analysis of location, inclusivity, and compliance with specific building regulations;
• Developing refund agreements.

Trademark registration for medical centers

Protecting the intellectual property of a medical institution is as vital as protecting its business reputation. Timely trademark registration conserves resources, rights, and time for any business endeavor.

Our process for registering a trademark for a medical center starts with identifying the goods and services for which the trademark will or may be used, and in which countries.

Following this determination, our expert:

• Searches for identical or similar trademarks that have been registered or are pending registration;
• Analyzes search results and formulates the application;
• Submits the application.

The trademark then undergoes examination by the Ukrainian patent office, a process taking approximately 2 years. An expedited examination can reduce this period to between 3 and 9 months. Although it's not a swift process, you receive protection even before the official trademark certificate is issued.

Assistance in organizing medical tourism for Ukrainian medical institutions

Medical tourism had been quite profitable in our country. Certainly, the war has made its adjustments to this sector, but it has not changed the fact that Ukraine has:

• A large number of highly qualified medical professionals;
• Significantly lower costs for medical services;
• A necessary number of specialized facilities that primarily interest foreign patients.

Before the war, medical tourism focused mainly on several key areas:

• Plastic surgery;
• ART (Assisted Reproductive Technology, including in vitro fertilization or surrogacy);
• Various cell technology-based rejuvenation methods.

Reasons for the tourism business also included the significant cost of services in the tourist/patient's home country and/or legislative bans on certain types of medical services in some countries. Our team has experience working with medical tourism both for individually tailored services and through intermediaries with well-established processes.

A tourist patient doesn't only refer to foreigners and stateless individuals. A considerable segment includes Ukrainian citizens living and working abroad who choose to receive medical services back home. For a Ukrainian medical facility looking to enter the medical tourism market, it's crucial to be prepared for systematically servicing foreign patients.

We commonly assist our clients in drafting and managing contracts with intermediary companies responsible for finding such patients, organizing their travel to Ukraine, arranging their stay, providing interpreter services, etc. In these arrangements, the medical center solely provides medical services and receives payment directly from the patients or through the intermediary. Our experience includes dealing with instances of fraud by foreign patients, leading to legal proceedings.

How to start a medical business in Ukraine?

Selecting premises for a medical center

Selecting the ideal location for a medical center is influenced by two primary factors:

• The specifics of your business plan, including the number of professionals you intend to employ;
• The licensing authority's stipulations regarding the premises' location and size.

Options range from acquiring or constructing a standalone building to opting for the first or second floor of an existing structure. Clearly, the more expansive the premises, the greater the investment required, particularly for building a medical center from the ground up. This scenario necessitates re-registering the land plot, verifying the constructor's reliability, and securing all necessary construction documentation.

Choosing an existing space is a more economical option, accounting for 10-15% of the overall budget. Notably, many contemporary residential complexes and construction projects include commercial spaces on their lower floors designated for business leases, including clinics, alongside shops and cafes.

When selecting a location for your medical center, ensure it matches the following criteria to meet the Ministry of Health's requirements:

• The premises must be non-residential; if located within a residential building, they must be officially reclassified as non-residential.
• Ideally situated on the building's first or second floor, although standalone buildings can have more levels.
• Equipped with essential utilities such as water, heating, and electricity.
• Sufficiently spacious to accommodate all declared medical professionals, in compliance with National Building Regulations.

Legal Note: The required size of a doctor's office varies with the service type. For instance, certain specialist offices may need extra spaces of specific sizes, like an ophthalmologist's "dark room" or a radiologist's control room.

The leasing or purchasing cost for premises hinges on the necessary square footage and the prevailing real estate prices in your area. To avoid overspending, we recommend our clients to attend a preliminary consultation with us. Here, we can verify the suitability of selected premises or offer pre-emptive selection advice.

Please note! The premises must not only align with the Ministry of Health's guidelines but also possess documentation affirming accessibility for individuals with mobility challenges.

Moreover, starting March 30, 2024, every licensee previously granted a medical practice license is required, within a year at most, to submit to the licensing body a document confirming accessibility, following the introduction of a new submission format for Statements.

Our services include facilitating the acquisition of all requisite documents.

Equipping a medical center

In budgeting for the launch of a medical center, typically, 45-50% of the total budget is allocated to equipment purchase. The expenditure on equipment largely depends on the type of services you intend to offer.

The choice of equipment is yours, but it's essential to consider two aspects:

• The licensing authority mandates a specific set of equipment for each doctor's office, though this list can sometimes be reduced with the authority's consent;
• All required equipment must be certified in Ukraine.

Before applying for a medical license, ensure all equipment is listed in your application and complies with the Ministry of Health's regulations.

Hiring staff for the medical center

Typically, 20-30% of the initial budget for opening a medical center is allocated for staff recruitment and salaries. Again, this depends on the range of services you plan to provide and the number of medical staff you anticipate hiring. Besides medical professionals, including doctors, nurses, orderlies, etc., the clinic's staff may also include administrative, management, cleaning personnel, accountants, etc.

If registering the medical center as a legal entity, the staff must include a medical and a general director, both of whom have specific educational requirements. Importantly, the medical director must have a medical education as well as a degree in "Healthcare Organization and Management." The Ministry of Health may have separate requirements for medical staff based on:

• The level of higher education;
• The field of medical worker's training;
• Specialty and specialization.

Information on each medical professional must also be detailed in the application when applying for a medical license. Our firm ensures all medical personnel documents, including those of the general and medical directors, comply with the licensing authority's standards. We also offer to manage staffing concerns for the medical center, covering employment relations with medical and other staff, and overseeing the clinic's financial and HR administration.

Obtaining a license for the medical center

Once the premises, equipment, and staff are ready, the next step is to apply for a medical license. This involves accurately preparing all necessary documents for the Ministry of Health and awaiting the decision of the licensing authority.

Our legal team provides several key benefits in this process:

• Accurate preparation of the documentation needed to successfully obtain a medical center license on the first attempt;
• Handling all interactions with the licensing authority during the document review process. We will oversee the document verification process and manage all communications with the licensing authority on your behalf.

Business analysts estimate the medical business's average return on investment period to be between 23-25 months. Given the growth potential and current trends in the paid medical services market, which today does not account for even a third of the total medical services market, this represents a promising investment opportunity. We can assist you in making this investment efficiently and effectively.

If you aim to protect your medical business in Ukraine, expand its operations, and ensure robust legal support for any potential disputes, reach out to us for assistance.